Eastern District of Virginia • 1:26-cv-00689

Lopez Hernandez v. U.S. Immigration and Customs Enforcement

Completed

Case Information

Filed: March 12, 2026
Assigned to: Leonie M. Brinkema
Referred to: William E. Fitzpatrick
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: April 23, 2026
Last Activity: April 23, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 12, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10844763.), filed by Jose Ariel Lopez Hernandez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, Order from Immigration Judge, # 3 Exhibit B, Approval Notice for Employment Authorization Document, # 4 Exhibit C, Affidavit from Counsel Jorge Artieda)(Hernandez, Hector) (Entered: 03/12/2026)
Main Document: PETITION
Mar 12, 2026
Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge William E. Fitzpatrick. (swil)
#2
Mar 13, 2026
ORDERED that petitioner IS NOT to be removed or transferred from this district for any reason without this Court's permission; and it is further ORDERED that on or before 5:00 PM on Thursday, March 19, 2026, the federal respondents file either a Notice indicating that the factual and legal issues presented in thisPetition do not differ in any material fashion from those presented in Ceba Cinta v. Noem. et al., l:25-cv-1818 (E.D. Va.), or an Opposition to the Petition discussing the material differences between Ceba Cinta and this Petition; and it is further ORDERED that if the federal respondents file a Notice that there are no material differences between this Petition and Ceba Cinta, each of the substantive filings in that habeas proceeding will be incorporated into this habeas proceeding, and this Court will issue a ruling without further filings from the parties; and it is further ORDERED that if the federal respondents file an Opposition to the Petition, petitioner shall file any reply in further support of the Petition on or before 5:00 PM on Tuesday, March 24, 2026. Signed by District Judge Leonie M. Brinkema on 3/13/2026. (Dest) (Entered: 03/13/2026)
Main Document: ORDERED
#3
Mar 13, 2026
NOTICE of Appearance by Virginia Lynn Van Valkenburg on behalf of Pamela Bondi, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Van Valkenburg, Virginia) (Entered: 03/13/2026)
Main Document: NOTICE
#4
Mar 19, 2026
Response to 1 Petition for Writ of Habeas Corpus (2241), filed by Pamela Bondi, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Affidavit)(Van Valkenburg, Virginia) (Entered: 03/19/2026)
Main Document: Response
Mar 20, 2026
Notice of Correction re 4 Response. The filing user is notified that the document was filed with a case number whose prefix indicates another division. In the future please ensure the correct prefix is applied. No further action needed at this time. (swil)
#5
Mar 24, 2026
Reply filed by Jose Ariel Lopez Hernandez. (Attachments: # 1 Exhibit A, Petitioner's Declaration)(Hernandez, Hector) (Entered: 03/24/2026)
Main Document: Reply
#6
Apr 02, 2026
ORDERED that the federal respondents file all documents pertaining to petitioner's release in 2023 and his subsequent re-detention on March 11, 2026, by close of business on Monday, April 6, 2026. This includes any orders of supervision and revocations of orders of supervision. The federal respondents must also explain why ICE issued petitioner an Order of Supervision. Signed by District Judge Leonie M. Brinkema on 4/2/2026. (kgall) (Entered: 04/02/2026)
Main Document: ORDERED
#7
Apr 06, 2026
Response to 6 Order, filed by Pamela Bondi, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Affidavit, # 2 Appendix)(Van Valkenburg, Virginia) (Entered: 04/06/2026)
Main Document: Response
#8
Apr 22, 2026
Reply to 7 Response filed by Jose Ariel Lopez Hernandez. (Attachments: # 1 Exhibit A, I-213)(Hernandez, Hector) (Entered: 04/22/2026)
Main Document: Reply
#9
Apr 23, 2026
ORDER - The Court finds that Lopez Hernandez's continued detention is unlawful under Zadvydas and violates his due process rights. Accordingly, the Petition, [Dkt. No. 1], is GRANTED as to Count I. Signed by District Judge Leonie M. Brinkema on 4/23/2026. SEE ORDER FOR FURTHER DETAILS. (wgar, ) (Entered: 04/23/2026)
Main Document: ORDER
#10
Apr 23, 2026
JUDGMENT is hereby entered in favor of the Petitioner, Jose Ariel Lopez Hernandez and against the Respondents. (Entered by Clerk on 04/23/2026 pursuant to FRCP 58)(wgar, ) (Entered: 04/23/2026)
Main Document: JUDGMENT